SAN DIEGO UNIFIED SCHOOL DISTRICT OFFICE OF RESEARCH AND DEVELOPMENT
Memorandum of Agreement
By and Between
(use name of principal investigator)
and
the San Diego Unified School District
(Date)
Note: A Word version of the draft MOA must be emailed to Ron Rode () for review prior to initialing appropriate terms and affixing a signature.
Two terms (III.A and VII.B) are to be initialed by the district representative, not the applicant.
This agreement is entered into by the San Diego Unified School District (SDUSD) and ?????? located at ????? for the purpose of researching and sharing information between the parties in a manner consistent with the Family Educational Rights and Privacy Act of 1974 (FERPA) and SDUSD Administrative Procedure Nos. 6525, 6527, and 4930.
BACKGROUND
Unless otherwise addressed in a separate (attached) proposal/document, this section should include (but not be limited to) information about the researcher and her/his affiliated institution, the curriculum focus, the researcher’s experience or background in this specific research interest/focus, the research’s link to district work or reforms. Specify “See attachment” if applicable. (Delete these italicized instructions in final document.)
PURPOSE OF THE STUDY
Unless otherwise addressed in a separate (attached) proposal/document, this section should include (but not be limited to) information about the specific questions that the research intends to answer and how the findings might generate improved student achievement in San Diego Unified Schools. Specify “See attachment” if applicable. (Delete these italicized instructions in final document.)
SCOPE OF WORK
Unless otherwise addressed in a separate (attached) proposal/document, this section should include (but not be limited to) information about the project’s focus, main intervention, or strategy; the plan for research implementation; the time sequence for various research components; start and end dates of research activities; how research activities might impact school sites, professional development, district staff who work with curriculum, student or staff data, evaluation, technology, communication, facilities, or budget; and how and when the researcher plans to share findings with the district. Specify “See attachment” if applicable. (Delete these italicized instructions in final document.)
I. PARTIES
The SDUSD REPRESENTATIVE is Ron Rode, Director of the Office of Research and Development, Office of the Chief Public Information Officer, SDUSD, who is authorized by the SDUSD to maintain and release student records subject to FERPA and SDUSD policies and procedures. The SDUSD REPRESENTATIVE may also be represented by other district staff. The SDUSD REPRESENTATIVE’S DESIGNEES include Peter Bell, Director of the Data Analysis and Reporting Department.
The APPLICANT is ?????, who is affiliated with ?????.
The APPLICANT’S single authorized REPRESENTATIVE to request data under this agreement is ?????.
The APPLICANT may also be represented by other persons associated with the APPLICANT to assist in any phase of the research effort. If applicable, REPRESENTATIVES of the APPLICANT include ?????.
The SDUSD SPONSOR is ?????, <position in district>.
The SDUSD SPONSOR will monitor the research ensuring that research is being conducted as proposed and meets the obligations of this agreement. If necessary, the SDUSD SPONSOR may provide logistical assistance to the APPLICANT.
II. COMPLIANCE WITH FERPA
A. The APPLICANT will comply with the provisions of FERPA in all respects. For purposes of this agreement, the APPLICANT will use data collected and shared under this agreement for no purpose other than research authorized under §99.31 (6)(iii) of Title 34, Code of Federal Regulations. Nothing in this agreement may be construed to allow either party to maintain, use, disclose, or share student information in a manner not allowed by federal law or regulation. In particular, the APPLICANT will not disclose any data contained under this agreement in a manner that could identify any individual student or the student’s parent(s)/guardian(s), per 34 CFR §99.31 (6)(ii)(A), except as authorized by FERPA.
B. The APPLICANT will abide by information redisclosure limitations per 34 CFR §99.33 (a)(1); §99.33 (a)(2). Data that contain personal information from students’ education records are protected by the FERPA (20 U.S.C. §1232g) and may not be re-released without consent of the parents or eligible students.
C. The APPLICANT will destroy all data obtained under this agreement when they are no longer needed for the purpose for which they were obtained in compliance with 34 CFR §99.31(6)(ii)(B); §99.35 (b)(2), or returned to the SDUSD REPRESENTATIVE.
III. COST OF RESEARCH
A. The SDUSD REPRESENTATIVE agrees to provide requested data under this agreement, to be billed at district cost.
B. The APPLICANT agrees to pay all other costs associated with the implementation of research activities.
IV. RESEARCH METHODOLOGY
A. The APPLICANT will adhere to a “small numbers” policy of suppressing findings for any group of students numbering fewer than ten, and to require all employees, contractors, and agents of any kind to also abide by such policy. Where “small numbers” reporting becomes necessary, the APPLICANT will request formal consent from the SDUSD REPRESENTATIVE unless prior approval from SDUSD has been obtained.
V. DATA REQUEST AND USE
A. The APPLICANT agrees that the single authorized REPRESENTATIVE to request data under this agreement will transmit all data requests and maintain a log or other record of all data requested and received pursuant to this agreement, including confirmation of the completion of any projects and the return or destruction of data as required by this agreement.
B. The ability to access or maintain data under this agreement shall not under any circumstances transfer from the APPLICANT to any other institution or entity. The APPLICANT may not disclose SDUSD data to parties not identified in Part I without the written consent of the SDUSD REPRESENTATIVE.
C. No other entity is authorized to continue using SDUSD data obtained under this agreement upon cessation of studies conducted under the direct supervision of the APPLICANT.
D. The APPLICANT will require all employees, contractors, and agents of any kind to comply with all applicable provisions of FERPA and other federal laws with respect to the data shared under this agreement. The APPLICANT agrees to require and maintain an appropriate confidentiality agreement from each employee, contractor, or agent with access to data pursuant to this agreement.
E. The APPLICANT will maintain an original data set of SDUSD data obtained pursuant to this agreement separate from all other data files.
F. Nothing in this agreement authorizes the APPLICANT to maintain data beyond the time period reasonably needed to complete the purpose of the request. Unless authorized in writing by the SDUSD REPRESENTATIVE, all data relating to an individual student must be returned or destroyed when no longer needed for the purposes for which the study was conducted.
G. The APPLICANT agrees that the SDUSD REPRESENTATIVE may, upon request, review the records required to be kept under this agreement.
H. The APPLICANT agrees that the SDUSD REPRESENTATIVE may decline to comply with a request if, in her/his discretion, s/he determines that providing the requested data would not be in the best interest of current or former students in the SDUSD.
I. The APPLICANT agrees that all requests will include a statement of purpose, if not included in the original proposal, for which data are requested and an estimation of the time needed to complete the project for which the data are requested. The parties may agree to accept data requests by electronic mail, telephone, or facsimile.
VI. RESEARCH INSTRUMENTS
A. The APPLICANT agrees to submit to the SDUSD REPRESENTATIVE for review and approval, at least two weeks prior to administration, all surveys, interviews, assessments, or focus group activities that impact SDUSD staff or students.
VII. RESEARCH PRODUCTS
The APPLICANT intends to present research findings in written and/or oral format. (If initialed, continue.)
A. The APPLICANT will present a first draft of either preliminary or endmost research findings generated under this agreement and related methodology to the SDUSD REPRESENTATIVE at least six weeks prior to any written or oral presentation thereof. The draft must identify the intended audience and cite specific forums (e.g., journals, conferences, dissertation) in which the findings will be presented.
B. The SDUSD REPRESENTATIVE agrees to take no longer than two weeks from receipt to review the first draft of either preliminary or endmost findings, cite inaccuracies, and/or offer revisions that comport with rigorous research methodology.
C. The APPLICANT agrees to submit the final research product to the district prior to any written or oral presentation of endmost findings and─after presentation or dissemination─an electronic copy of the final version for posting on the district website.
VIII. TERM OF AGREEMENT
A. The APPLICANT agrees to terminate all research activities (including presentation of the final report) on or before ?????.
IX. AMENDMENT TO, OR CANCELLATION OF, MEMORANDUM OF AGREEMENT
This agreement expresses the entire agreement of the parties. Any modification or amendment to the agreement must be executed in writing and signed by both the SDUSD REPRESENTATIVE and the APPLICANT.
A. Both the APPLICANT and the SDUSD REPRESENTATIVE agree that the Memorandum of Agreement takes effect upon signature by the authorized representative of each party and shall remain in effect until the termination date identified above, or until canceled or amended by either party upon thirty days written notice.
B. The APPLICANT agrees that the SDUSD REPRESENTATIVE may cancel the Memorandum of Agreement immediately upon violation of any element agreed to herein.
Entered into this ?? day of ????, 20??.
APPLICANT SDUSD REPRESENTATIVE
SDUSD SPONSOR
Page 5 of 5 8/20/15